LEGAL STATUS AND FEATURES OF APPLICATION OF ELECTRONIC LEGAL DOCUMENTS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
In today’s conditions of development of Ukraine as a democratic, legal, social state and the tasks of implementing e-governance, there is a need for legal regulation of electronic document circulation as the main mechanism for organizing interaction between public authorities and local self-government bodies, citizens and business entities. Problems of introduction of e-governance technologies in the activities of state authorities and local self-government bodies are connected, in particular, with the lack of clear regulatory regulation of electronic document circulation processes. The rapid development of information technology leads to the transformation of social, social and economic relations. As a result of the introduction of scientific advances, new legal phenomena and phenomena, such as electronic document and electronic digital signature, are emerging. The institutes of the electronic document and electronic digital signature are tools for ensuring the dynamics of civilian circulation and the means of protecting the subjective rights and interests of the parties to the legal relationship. The mandatory requisite for an electronic document is data in an electronic document, without which it cannot be the basis for registration, and will not be legally valid. An electronic copy of an electronic document is certified in accordance with the procedure established by law. A copy of the document on paper for an electronic document is a visual representation, which is certified in accordance with the procedure established by law. The legal validity of an electronic document cannot be denied solely because it has an electronic form. The admissibility of an electronic document as evidence can’t be denied solely on the grounds that it has an electronic form. Thus, the analysis of the above-mentioned provisions allows us to consider the electronic document as a set of data recorded on a physical electronic medium or transmitted through electronic channels of communication with the requisites that allow identification of this information and its author. An electronic document may be created on the basis of a document on paper, on the basis of another electronic document or generated in the process of information interaction of the parties without any pre-images. The question of the use of the electronic document and its mandatory requisites is more than debatable, but quite relevant in modern jurisprudence
Authors and Affiliations
O. S. , Gilyaka
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